7 LONG TITLE
8 General Description:
9 This bill modifies and establishes provisions related to unmanned aircraft.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ reorganizes existing code related to unmanned aircraft;
14 ▸ preempts local laws related to unmanned aircraft;
15 ▸ exempts unmanned aircraft from registration with the state of Utah;
16 ▸ enacts provisions related to operation of unmanned aircraft by law enforcement,
18 • data collection, reporting, retention, and use;
19 • use of an unmanned aircraft for law enforcement operations; and
20 • use of data obtained by an unmanned aircraft operated by a civilian;
21 ▸ establishes certain safety requirements and limitations for the operation of an
22 unmanned aircraft;
23 ▸ prohibits use of an unmanned aircraft equipped with a weapon;
24 ▸ prohibits a person from:
25 • committing trespass with an unmanned aircraft;
26 • committing a privacy violation with an unmanned aircraft; or
27 • committing voyeurism with an unmanned aircraft;
28 ▸ establishes criminal penalties; and
29 ▸ makes technical changes
30 Money Appropriated in this Bill:
32 Other Special Clauses:
34 Utah Code Sections Affected:
36 72-10-109, as renumbered and amended by Laws of Utah 1998, Chapter 270
37 76-6-206, as last amended by Laws of Utah 2015, Chapter 412
38 76-9-402, as enacted by Laws of Utah 1973, Chapter 196
39 76-9-702.7, as last amended by Laws of Utah 2004, Chapter 52
41 72-14-103, Utah Code Annotated 1953
42 72-14-104, Utah Code Annotated 1953
43 72-14-201, Utah Code Annotated 1953
44 72-14-202, Utah Code Annotated 1953
45 72-14-205, Utah Code Annotated 1953
46 72-14-301, Utah Code Annotated 1953
47 72-14-302, Utah Code Annotated 1953
48 72-14-303, Utah Code Annotated 1953
49 72-14-401, Utah Code Annotated 1953
50 72-14-402, Utah Code Annotated 1953
51 72-14-403, Utah Code Annotated 1953
52 RENUMBERS AND AMENDS:
53 72-14-101, (Renumbered from 63G-18-101, as last amended by Laws of Utah 2016,
54 Chapter 101)
55 72-14-102, (Renumbered from 63G-18-102, as last amended by Laws of Utah 2015,
56 Chapter 269)
57 72-14-203, (Renumbered from 63G-18-103, as last amended by Laws of Utah 2015,
58 Chapter 269)
59 72-14-204, (Renumbered from 63G-18-104, as last amended by Laws of Utah 2015,
60 Chapter 269)
62 63G-18-105, as last amended by Laws of Utah 2015, Chapter 269
64 Be it enacted by the Legislature of the state of Utah:
65 Section 1. Section 72-10-109 is amended to read:
66 72-10-109. Certificate of registration of aircraft required -- Exceptions.
67 (1) (a) A person may not operate, pilot, or navigate, or cause or authorize to be
68 operated, piloted, or navigated within this state any civil aircraft located in this state unless the
69 aircraft has a current certificate of registration issued by this state through the county in which
70 the aircraft is located.
71 (b) This restriction does not apply to aircraft licensed by a foreign country with which
72 the United States has a reciprocal agreement covering the operations of the registered aircraft
73 or to a non-passenger-carrying flight solely for inspection or test purposes authorized by the
74 Federal Aviation Administration to be made without the certificate of registration.
75 (2) Aircraft assessed by the State Tax Commission are exempt from the state
76 registration requirement under Subsection (1).
77 (3) Unmanned aircraft as defined in Section 72-14-102 are exempt from the state
78 registration requirement under Subsection (1).
79 Section 2. Section 72-14-101, which is renumbered from Section 63G-18-101 is
80 renumbered and amended to read:
84 This chapter is known as "Unmanned Aircraft -- Drones."
85 Section 3. Section 72-14-102, which is renumbered from Section 63G-18-102 is
86 renumbered and amended to read:
88 As used in this chapter:
110 (1) "Airport" means the same as that term is defined in Section 72-10-102.
111 (2) "Airport operator" means the same as that term is defined in Section 72-10-102.
115 within the aircraft.
120 (a) the unmanned aircraft, including payload;
121 (b) communications equipment;
122 (c) navigation equipment;
123 (d) controllers;
124 (e) support equipment; and
125 (f) autopilot functionality.
126 Section 4. Section 72-14-103 is enacted to read:
127 72-14-103. Preemption of local ordinance.
128 (1) A political subdivision of the state, or an entity within a political subdivision of the
129 state, may not enact a law, ordinance, or rule governing the private use of an unmanned aircraft
131 (a) authorized by this chapter; or
132 (b) the political subdivision or entity is an airport operator that enacts the law, rule, or
133 ordinance to govern:
134 (i) the operation of an unmanned aircraft within the geographic boundaries of the
135 airport over which the airport operator has authority; or
136 (ii) the takeoff or landing of an unmanned aircraft at the airport over which the airport
137 operator has authority.
138 (2) This chapter supersedes any law, ordinance, or rule enacted by a political
139 subdivision of the state before July 1, 2017.
140 Section 5. Section 72-14-104 is enacted to read:
141 72-14-104. Applicability.
142 This chapter does not apply to a person or business entity:
143 (1) using an unmanned aircraft for legitimate educational or business purposes; and
144 (2) operating the unmanned aircraft system in a manner consistent with applicable
145 Federal Aviation Administration rules, exemptions, or other authorizations.
146 Section 6. Section 72-14-201 is enacted to read:
148 72-14-201. Title.
149 This part is known as "Law Enforcement Use of Unmanned Aircraft."
150 Section 7. Section 72-14-202 is enacted to read:
151 72-14-202. Definitions.
152 As used in this part:
153 (1) "Civilian" means a person that is not a law enforcement officer.
154 (2) "Law enforcement agency" means the same as that term is defined in Section
156 (3) "Law enforcement officer" means the same as that term is defined in Section
158 (4) "Target" means a person upon whom, or an object, structure, or area upon which,
159 another person:
160 (a) has intentionally collected or attempted to collect information through the operation
161 of an unmanned aircraft system; or
162 (b) intends to collect or to attempt to collect information through the operation of an
163 unmanned aircraft system.
164 Section 8. Section 72-14-203, which is renumbered from Section 63G-18-103 is
165 renumbered and amended to read:
168 (1) A law enforcement agency or officer may not obtain, receive, or use data acquired
169 through an unmanned aircraft system unless the data is obtained:
170 (a) pursuant to a search warrant;
171 (b) in accordance with judicially recognized exceptions to warrant requirements;
172 (c) subject to Subsection (2), from a person who is a nongovernment actor;
175 reasonable expectation of privacy[
176 (e) for purposes unrelated to a criminal investigation.
179 (2) A law enforcement officer or agency may only use for law enforcement purposes
180 data obtained from a nongovernment actor if:
181 (a) the data appears to pertain to the commission of a crime; or
182 (b) the [
183 faith, that:
184 (i) the data pertains to an imminent or ongoing emergency involving danger of death or
185 serious bodily injury to an individual; and
186 (ii) disclosing the data would assist in remedying the emergency.
187 (3) A law enforcement agency or officer that obtains, receives, or uses data acquired
189 Subsection (2) shall destroy the data as soon as reasonably possible after the law enforcement
190 agency or officer obtains, receives, or uses the data subject to an applicable retention schedule
191 under Title 63G, Chapter 2, Government Records Access and Management Act, or a federal,
192 state, or local law.
195 Section 9. Section 72-14-204, which is renumbered from Section 63G-18-104 is
196 renumbered and amended to read:
198 (1) Except as provided in this section, a law enforcement agency:
199 (a) may not use, copy, or disclose data collected by an unmanned aircraft system on a
200 person, structure, or area that is not a target; and
201 (b) in accordance with applicable federal, state, and local laws, shall ensure that data
202 described in Subsection (1)(a) is destroyed as soon as reasonably possible after the law
203 enforcement agency collects or receives the data.
204 (2) A law enforcement agency is not required to comply with Subsection (1) if:
205 (a) deleting the data would also require the deletion of data that:
206 (i) relates to the target of the operation; and
207 (ii) is requisite for the success of the operation;
208 (b) the law enforcement agency receives the data:
209 (i) through a court order that:
210 (A) requires a person to release the data to the law enforcement agency; or
211 (B) prohibits the destruction of the data; or
212 (ii) from a person who is a nongovernment actor;
213 (c) (i) the data was collected inadvertently; and
214 (ii) the data appears to pertain to the commission of a crime;
215 (d) (i) the law enforcement agency reasonably determines that the data pertains to an
216 emergency situation; and
217 (ii) using or disclosing the data would assist in remedying the emergency; or
218 (e) the data was collected through the operation of an unmanned aircraft system over
219 public lands outside of municipal boundaries.
220 Section 10. Section 72-14-205 is enacted to read:
221 72-14-205. Reporting.
222 (1) As used in this section, "law enforcement encounter" means the same as that term is
223 defined in Section 77-7a-103.
224 (2) A law enforcement officer or agency that operates an unmanned aircraft system
225 while on duty or acting in the law enforcement officer's or agency's official capacity, or obtains
226 or receives data in accordance with Section 72-14-203, shall document the following in any
227 report or other official record of the law enforcement encounter:
228 (a) the presence and use of the unmanned aircraft;
229 (b) any data acquired; and
230 (c) if applicable, the person from whom data was received in accordance with
231 Subsection 72-14-203(2).
232 Section 11. Section 72-14-301 is enacted to read:
234 72-14-301. Title.
235 This part is known as "Unlawful Use of Unmanned Aircraft."
236 Section 12. Section 72-14-302 is enacted to read:
237 72-14-302. Reserved.
239 Section 13. Section 72-14-303 is enacted to read:
240 72-14-303. Weapon attached to unmanned aircraft -- Penalties.
241 (1) As used in this section "weapon" means:
242 (a) a firearm as described in Section 76-10-501; or
243 (b) an object that in the manner of the object's use or intended use is capable of causing
244 death, bodily injury, or damage to property, as determined according to the following factors:
245 (i) the location and circumstances in which the object is used or possessed;
246 (ii) the primary purpose for which the object is made;
247 (iii) the character of the damage, if any, the object is likely to cause;
248 (iv) the manner in which the object is used;
249 (v) whether the manner in which the object is used or possessed constitutes a potential
250 imminent threat to public safety; and
251 (vi) the lawful purposes for which the object may be used.
252 (2) (a) Except as provided in Subsection (3), a person may not fly an unmanned aircraft
253 that carries a weapon or to which a weapon is attached.
254 (b) A person that violates Subsection (2)(a) is guilty of a class B misdemeanor.
255 (3) A person may fly an unmanned aircraft that carries a weapon or to which a weapon
256 is attached if the person:
257 (a) (i) obtains a certificate of authorization, or other written approval, from the Federal
258 Aviation Administration authorizing the person to fly the unmanned aircraft that carries the
259 weapon or to which the weapon is attached; and
260 (ii) operates the unmanned aircraft in accordance with the certificate of authorization or
261 other written approval;
262 (b) (i) obtains a contract with the state or the federal government permitting the person
263 to fly the unmanned aircraft that carries the weapon or to which the weapon is attached; and
264 (ii) operates the unmanned aircraft in accordance with the contract; or
265 (c) operates the unmanned aircraft that carries the weapon or to which the weapon is
266 attached in airspace controlled by the United States Department of Defense, with the
267 permission of the United States Department of Defense.
268 Section 14. Section 72-14-401 is enacted to read:
270 72-14-401. Title.
271 This part is known as "Safe Use of Unmanned Aircraft."
272 Section 15. Section 72-14-402 is enacted to read:
273 72-14-402. Reserved.
275 Section 16. Section 72-14-403 is enacted to read:
276 72-14-403. Safe operation of unmanned aircraft.
277 (1) An individual who operates an unmanned aircraft system to fly an unmanned
278 aircraft for recreational purposes shall comply with this section and 14 C.F.R. Sec. 101,
279 Subpart E.
280 (2) An individual operating an unmanned aircraft shall:
281 (a) maintain visual line of sight of the unmanned aircraft in order to:
282 (i) know the location of the unmanned aircraft;
283 (ii) determine the attitude, altitude, and direction of flight;
284 (iii) observe the airspace for other air traffic or hazards; and
285 (iv) determine that the unmanned aircraft does not endanger the life or property of
286 another person;
287 (b) ensure that the ability described in Subsection (2)(a)(i) is exercised by either:
288 (i) the operator of the unmanned aircraft; or
289 (ii) a visual observer.
290 (3) An individual may not operate an unmanned aircraft in Class B, Class C, or Class
291 D airspace or within the lateral boundaries of the surface area of Class E airspace designated
292 for an airport unless the operator of the unmanned aircraft has prior authorization from air
293 traffic control.
294 (4) An individual may not operate an unmanned aircraft in a manner that interferes
295 with operations and traffic patterns at any airport, heliport, or seaplane base.
296 (5) An individual may not operate an unmanned aircraft system:
297 (a) from a public transit rail platform or station; or
298 (b) (i) under a height of 50 feet within a public transit fixed guideway right-of-way;
300 (ii) directly above any overhead electric lines used to power a public transit rail
302 (6) An individual may not operate an unmanned aircraft in violation of a notice to
303 airmen described in 14 C.F.R. Sec. 107.47.
304 (7) An individual may not operate an unmanned aircraft at an altitude that is higher
305 than 400 feet above ground level unless the unmanned aircraft:
306 (a) is flown within a 400-foot radius of a structure; and
307 (b) does not fly higher than 400 feet above the structure's immediate uppermost limit.
308 (8) (a) An individual who violates this section is liable for any damages that may result
309 from the violation.
310 (b) A law enforcement officer shall issue a written warning to an individual who
311 violates this section who has not previously received a written warning for a violation of this
313 (c) Except as provided in Subsection (8)(d), an individual who violates this section
314 after receiving a written warning for a previous violation of this section is guilty of an
316 (d) An individual who violates this section is guilty of a class B misdemeanor for each
317 conviction of a violation of this section after the individual is convicted of an infraction or a
318 misdemeanor for a previous violation of this section.
319 Section 17. Section 76-6-206 is amended to read:
320 76-6-206. Criminal trespass.
321 (1) As used in this section[
322 (a) "Enter" means intrusion of the entire body[
323 (b) "Remain unlawfully," as that term relates to an unmanned aircraft, means remaining
324 on or over private property when:
325 (i) the private property or any portion of the private property is not open to the public;
327 (ii) the person operating the unmanned aircraft is not otherwise authorized to fly the
328 unmanned aircraft over the private property or any portion of the private property.
329 (2) A person is guilty of criminal trespass if, under circumstances not amounting to
330 burglary as defined in Section 76-6-202, 76-6-203, or 76-6-204 or a violation of Section
331 76-10-2402 regarding commercial obstruction:
332 (a) the person enters or remains unlawfully on or causes an unmanned aircraft to enter
333 and remain unlawfully over property and:
334 (i) intends to cause annoyance or injury to any person or damage to any property,
335 including the use of graffiti as defined in Section 76-6-107;
336 (ii) intends to commit any crime, other than theft or a felony; or
337 (iii) is reckless as to whether [
338 cause fear for the safety of another;
339 (b) knowing the person's or unmanned aircraft's entry or presence is unlawful, the
340 person enters or remains on [
341 unlawfully over property to which notice against entering is given by:
342 (i) personal communication to the [
343 apparent authority to act for the owner;
344 (ii) fencing or other enclosure obviously designed to exclude intruders; or
345 (iii) posting of signs reasonably likely to come to the attention of intruders; or
346 (c) the person enters a condominium unit in violation of Subsection 57-8-7(8).
347 (3) (a) A violation of Subsection (2)(a) or (b) is a class B misdemeanor unless [
348 the violation is committed in a dwelling, in which event [
350 (b) A violation of Subsection (2)(c) is an infraction.
351 (4) It is a defense to prosecution under this section that:
352 (a) the property was at the time open to the public; and
353 (b) the actor complied with all lawful conditions imposed on access to or remaining on
354 the property.
355 Section 18. Section 76-9-402 is amended to read:
356 76-9-402. Privacy violation.
357 (1) A person is guilty of privacy violation if, except as authorized by law, [
359 (a) trespasses on property with intent to subject anyone to eavesdropping or other
360 surveillance in a private place; [
361 (b) [
362 without the consent of the person or persons entitled to privacy [
363 device for observing, photographing, hearing, recording, amplifying, or broadcasting sounds or
364 events in the [
365 (c) installs or uses outside of a private place [
366 photographing, hearing, recording, amplifying, or broadcasting sounds or events originating in
367 the private place which would not ordinarily be audible, visible or comprehensible outside the
368 private place, without the consent of the person or persons entitled to privacy [
369 private place.
370 (2) A person is not guilty of a violation of this section if:
371 (a) the device used is an unmanned aircraft;
372 (b) the person is operating the unmanned aircraft for legitimate commercial or
373 educational purposes in a manner consistent with applicable Federal Aviation Administration
374 rules, exemptions, or other authorizations; and
375 (c) any conduct described in Subsection (1) that occurs via the unmanned aircraft is
376 solely incidental to the lawful commercial or educational use of the unmanned aircraft.
378 Section 19. Section 76-9-702.7 is amended to read:
379 76-9-702.7. Voyeurism offenses -- Penalties.
380 (1) A person is guilty of voyeurism who intentionally uses [
384 video of a person:
385 (a) for the purpose of viewing any portion of the individual's body regarding which the
386 individual has a reasonable expectation of privacy, whether or not that portion of the body is
387 covered with clothing;
388 (b) without the knowledge or consent of the individual; and
389 (c) under circumstances in which the individual has a reasonable expectation of
391 (2) A violation of Subsection (1) is a class A misdemeanor, except that a violation of
392 Subsection (1) committed against a child under 14 years of age is a third degree felony.
393 (3) Distribution or sale of any images, including in print, electronic, magnetic, or
394 digital format, obtained under Subsection (1) by transmission, display, or dissemination is a
395 third degree felony, except that if the violation of this Subsection (3) includes images of a child
396 under 14 years of age, the violation is a second degree felony.
397 (4) A person is guilty of voyeurism who, under circumstances not amounting to a
398 violation of Subsection (1), views or attempts to view an individual, with or without the use of
399 any instrumentality:
400 (a) with the intent of viewing any portion of the individual's body regarding which the
401 individual has a reasonable expectation of privacy, whether or not that portion of the body is
402 covered with clothing;
403 (b) without the knowledge or consent of the individual; and
404 (c) under circumstances in which the individual has a reasonable expectation of
406 (5) A violation of Subsection (4) is a class B misdemeanor, except that a violation of
407 Subsection (4) committed against a child under 14 years of age is a class A misdemeanor.
408 Section 20. Repealer.
409 This bill repeals:
410 Section 63G-18-105, Reporting.